Disaster refugee: An issue left unaddressed

Utkarsh Agarwal, JMI

In recent times, climate change is one of the most vogue issues. There has been a reasonably wide range of treaties that have now acknowledged that the states must take steps to avoid climate change. Yet, many developed nations have shown aversion that climate change as a threat to humanity. But despite such aversions, anthropogenic climate change is a reality that must be addressed with full conviction.

According to a news report published by NPR (see here), on average, 24 million people have been displaced since 2008 every year due to climate disasters. Even though the developed and industrialized nations have the dominant share of carbon emissions, it is the least developed countries that face much of the disasters as these nations lack resources and finances to make themselves disaster resilient. 

Factors behind disaster vulnerability

But looking into the periscope, when it comes to the legal status of people displaced by disasters the international humanitarian law falls short. 

(A) THE LEGAL STATUS OF DISASTER REFUGEE:

Despite the heaping numbers of disaster refugees, the international community seems to have turned a blind eye to the matter. Various studies at IPCC confirm that there is a close nexus between disaster and climate change( see here, at 53). The Refugee convention of 1951, doesn't seem to cover disaster refugee in its ambit. The convention was developed after World War II to accommodate the people who were persecuted by the state due to their political affiliation, religion, race or identity. According to the statute of 1951, 'refugee' has been defined in the following words:

"Someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion."

In order to understand the scope of the above definition, the differences between a disaster refugee and a political refugee have to be drawn. Firstly, in order to be called a political refugee, there has to be a compulsory cross-border displacement in order to escape the jurisdiction of the perpetrator. But in the case of disaster refugee, the displacement can be either internal or cross-border. Secondly, a political refugee requires protection because he/she is outside his country due to persecution by the government of his country of origin or non-government actor which the government can't control. But disaster refugee leaves his/her country of origin due to degrading living conditions and threat to his life. However, such a person can still rely on his government for help.  Third, the refugee convention is based on three notions: returning home once the fear of persecution is over, resettlement and, third-country settlement. Although, in the case of a disaster refugee, people displaced by rising sea level or any other slow-onset disaster are unlikely to return to their place of origin.

(B) THE CASE OF SINKING ISLANDS:

With the increase in global average temperature, mankind is facing a slow-onset disaster such as rising sea level. As a consequence of global warming and rising sea-level, low–lying island nations face slow-onset disasters. Also, they face coastal erosion, loss of habitable lands, and disappearing fisheries. The people of these islands are on the verge of becoming stateless. So also, it is predicted that the island nation of Maldives shall sink within the next hundred years. Capital Male is just a few inches above sea level and roads near IGM hospital gets flooded by saltwater. (see here)

Similarly, the pacific island of Kiribati, which is a low lying island has devised various schemes which are primarily for rehabilitating people to other countries. These people are gradually running towards the case of statelessness.

 

Way forward: 

There is a need to address the issue of disaster refugee through international conventions. Not only binding humanitarian instruments but one should seek aid from international non-binding treaties. These treaties not only help in shaping the customary international law but also lay down detailed guidelines about the procedures and kinds of aid required. 

Also, 'polluter-pays principle' is a universally accepted principle of environmental law. This principle was provided by the trail smelter case and the same has been reiterated time and again by the subsequent case laws. Hence, responsibility must be attached to industrialised nations on equitable principles.

Also, Article 15 of UDHR affirms that everyone has a right to a nationality. Where there are reasonable grounds that the displaced person has no hope of returning to the country of origin, such person should be compulsorily provided the nationality by the destination country.